In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examinations and that videotaping has not been allowed in the absence of “special and unusual circumstances.” The Court cited CPLR 3121 and 22 NYCRR 202.17.
The Court did however hold that the trial court properly determined that the defendant failed to make the requisite positive showing of necessity for the exclusion of plaintiff”s counsel or other representative from attending the NPE by establishing that the presence of such an individual would impair the validity and effectiveness of the NPE.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]